TITLE social-services-and-assistance

Part XIX. Texas Department of Protective and Regulatory Services

Chapter 725. General Licensing Procedures

Subchapter JJJ. Court-ordered Social Studies

40 TAC §§725.6050-725.6052

The Texas Department of Protective and Regulatory Services (TDPRS) adopts amendments to §§725.6050-725.6052 in its General Licensing Procedures chapter. The amendment to §725.6050 is adopted with a change to the proposed text published in the March 12, 1999, issue of the Texas Register (24 TexReg 1761). The amendments to §§725.6051 and 725.6052 and adopted without changes to the proposed text and will not be republished.

The justification for the amendments is to clarify the qualifications for performing court-ordered social studies and update TDPRS's policies on performing court-ordered social studies.

The amendments will function by ensuring that individuals who conduct court-ordered social studies as part of their child placing activities meet the required qualifications.

No comments were received regarding adoption of the amendments. TDPRS is adopting the definition of human services field in §725.6050(4) with a change for clarification.

The amendments are adopted under the Human Resources Code (HRC), Title 2, Chapter 42, which authorizes the department to administer general child-placing and child care licensing programs.

The amendments implement the Human Resources Code, §§42.001- 42.077.

§725.6050.Definitions.

The following terms, when used in this subchapter, have the following meaning unless the context clearly indicates otherwise:

(1)

Appropriate professional field - a human services field, regulated under state statutes, that has a licensing/certifying entity able and willing to:

(A)

maintain an up-to-date register of licensed/certified individuals who meet minimum qualifications and are available to conduct court-ordered social studies.

(B)

investigate any complaints against persons whose activities are regulated by the licensing/certifying entity in regard to the conduct of social studies in a timely manner that meets department requirements.

(C)

take appropriate action on the licensing/certification of the individual against whom a complaint has been made, based on the findings of complaint investigations.

(2)

Appropriate professional organization - an organization of professionals in a human services field, not regulated under state statutes, requiring licensure/certification and able and willing to:

(A)

maintain an up-to-date register of organization members who meet minimum qualifications and are available to conduct court-ordered social studies.

(B)

investigate any complaints against members in regard to the conduct of social studies in a timely manner that meets department requirements.

(C)

take appropriate action on the organization membership of the individual against whom a complaint has been made, based on the findings of complaint investigations.

(3)

Full-time experience - at least 30 hours per week. Part-time experience is counted as a percentage of full-time experience.

(4)

Human services field - a field of study designed to prepare an individual in the disciplined application of social work values, principals, and methods.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 1999.

TRD-9902573

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Effective date: June 1, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 438-3765


Chapter 732. Contracted Services

Subchapter L. Contract Administration

40 TAC §732.240

The Texas Department of Protective and Regulatory Services (TDPRS) adopts an amendment to §732.240, with changes to the proposed text published in the March 12, 1999, issue of the Texas Register (24 TexReg 1763).

The justification for the amendment is to remove the language concerning an accrued expense paid within 90 days of incurrence.

The amendment will function by bringing TDPRS and its contractors into compliance with the Federal Cash Management Improvement Act.

No comments were received regarding adoption of the amendment. TDPRS is adopting subsection (b) with a change for clarification. The second sentence is revised to state, "The value of donated goods or services (in-kind) are unallowable."

The amendment is adopted under the Human Resources Code (HRC), Chapter 40, which describes the services authorized to be provided by the Texas Department of Protective and Regulatory Services; and authorizes the department to enter into agreements with federal, state, and other public or private agencies or individuals to accomplish the purposes of the programs authorized by the HRC; and grants authority to contract to that Department.

The amendment implements the HRC, Chapter 40, which authorizes the department to enter into agreements with federal, state, or other public or private agencies or individuals to accomplish the purposes of the programs authorized by the HRC and which authorizes the department to enter into contracts as necessary to perform any of its powers or duties.

§732.240.General Principles of Allowable and Unallowable Costs.

(a)

(No change.)

(b)

Only those items that represent an actual cash outlay, or the compensation for the use of buildings, other capital improvements, and equipment on hand through a use allowance or depreciation are allowable. The value of donated goods or services (in-kind) are unallowable. However, depreciation or a use allowance on a donated building, donated capital improvements, or donated equipment subject to ownership requirements and/or donor-imposed conditions is allowable. Contractors shall not use revenues from TDPRS to finance activities other than those activities specifically allowable under their contract with TDPRS. Unallowable uses of contract revenues from TDPRS include, but are not limited to, interfund loans/transfers, interdepartmental loans/transfers, intercompany loans/transfers, and employee loans not considered salary advances.

(c)-(i)

(No change.)

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 1999.

TRD-9902574

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Effective date: June 1, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 438-3765